Respondent State to remedy the situation and observed that this would entail the
immediate release of the Victim, among other individuals. The Complainants add
that the Victim was featured in the 2008 Annual Report of Amnesty International.
8. The Complainants state that in July 2008, prison authorities found a number of
complaints which the Victim had written in his cell in Liman Tora and which he
intended to send to the Prosecutor. They allege that as punishment the Victim
was transferred to El Wadi El Gadid prison, 730 km from the Victim’s family
home in Cairo, where he was tortured.
9. The Complainants state that on 17 March 2011, the Victim was released after a
court ordered his release, following the change of government in the Respondent
State.
10. The Complainants aver that the Respondent State failed to provide an
explanation, apology, compensation or other redress for the harm caused to the
Victim from 26 May 1995, until his eventual release on 17 March 2011.
11. The Complainants submit that following his release, the Victim questioned the
Public Prosecutor’s Office about the complaints he had filed about his torture,
mistreatment and lack of medical attention while in detention only to be told that
the Office no longer had copies of any complaints from before the 2011
revolution.
Articles alleged to have been violated
12. The Complainants allege violation of Articles 1, 5, 6, 7, 18 and 26 of the African
Charter.
Prayers
13. The Complainants request the African Commission on Human and Peoples’
Rights (the Commission) to:
i. Declare that the Respondent State has violated the Victim’s rights guaranteed
under Articles 1, 5, 6, 7, 18 and 26 of the African Charter;
ii. Urge the Government of Egypt to acknowledge the unlawful and arbitrary
nature of the Victim’s detention and the role of the Respondent State in his
torture and inhuman detention; publish the decision of the Commission; and
issue a public apology to the Victim and his family for the violations of his
rights;
iii. Request the Government of Egypt to ensure the payment of adequate
compensation for the Victim of no less than 1 million Egyptian Pounds
(approximately $140 000 USD at the time of filing);
iv. Urge the Government of Egypt to create an independent commission of
inquiry with the participation of international experts to investigate the
circumstances of the detention, torture and other abuses of the Victim; to
ascertain the full extent to which the Victim’s treatment was part of a broader
pattern and practices of torture under the Emergency Law and to determine
command responsibility for such abuses;
v. Urge the Government of Egypt to introduce legislative reforms and
safeguards to prevent similar violations from happening in the future, in
particular to:
a. Reform Article 126 of the Egyptian Penal Code to bring it in line with the
definition of torture in the UN Convention Against Torture;
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